Business Records Exception On Shaky Ground: The main point is foundation: the affidavit or testimony by the robo-witness must show that the company he works for is in fact the servicer of the loan, as authorized by the owner of the debt, and that he/she has actual knowledge of the procedures and posting policies of […]

Tags: authority, business records, creditor, exceptions to hearsay rule of exclusion, familiarity, hearsay, infrastructure, IT platforms, personal knowledge, robo-witness, servicer, TRUTH
Posted in Uncategorized |

What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU […]

Tags: bankruptcy, borrower, digital signature, disclosure, dismissal, electronic signature, foreclosure defense, foreclosure offense, fraud, MLS, mortgage bonds, Mortgage Loan Schedule, MOTION TO DISMISS, Nonexistent REMIC Trusts, PSA, Sanctions, securitization, servicer, trustee
Posted in Uncategorized |

NOTE: THE FOLLOWING IS A LEGAL ANALYSIS THAT MAY OR MAY NOT APPLY TO CASES ON WHICH YOU ARE WORKING. IT IS REALLY MEANT FOR ATTORNEYS WHO ARE REPRESENTING PARTIES IN FORECLOSURE LITIGATION. No lay person should assume that anything in this article is true or applies to their case. Nobody should use this information […]

Tags: ABN AMRO merger with BofA, ABN AMRO merger with Citi, Bank of America, Bank of America as trustee, Citimortgage, Citimortgage as trustee, Federal reserve order on BOA-LaSalle Merger, LaSalle bank, LaSalle Bank as trustee, servicer, US BANK, US Bank as trustee, US Bank website
Posted in Corruption, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving […]

Tags: ABN AMRO, acquisition, authority to represent, Bank of America, demand letter, foreclosure, foreclosure defense issues, LaSalle bank, merger, modification, notice of acelleration, Notice of Default, Power of Attorney, reinstatement, rocket docket, sec.gov, servicer, sucessor by merger, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

  EDITOR’S NOTE: this is why I am encouraging attorneys to take cases involving foreclosure, even if the foreclosure itself is problematic. The FDCPA federal counterpart essentially states the same rules. These cases allow for damages and recovery of attorney fees that might aid in the cost of protracted litigation by a pretender lender. Most […]

Tags: business relationship, categorically, cell, cellular phones, collect a debt, collection, communicate, consumer, Debt Collection, emergency calls, exempt, exempted, exemption, express consent, factual allegations, foreclose, foreclosure, foreclosure action, landline, Mortgage, notice, phone, pre-suit, prerecorded, security interest, servicer, solicitations, telephone, telephone-solicitation
Posted in Corruption, Motions, Pleading, Servicer |

The following message and article brings up questions that I have been receiving with increasing frequency as homeowners, their forensic analysts and attorney dig further and further. They are following the money and coming up with the fact that servicers are advancing payments to investors when the borrower stops paying. In fact, they advance those […]

Tags: monthly payments, securitized loans, servicer, UCC
Posted in Corruption, evidence, expert witness, Modification, Pleading, securities fraud, Servicer |

Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the […]

Tags: business records exception, certification, competent witness, custodian of records, hearsay, Master Servicer, Motion IN Limine, OBJECTIONS, relevance, servicer, sub servicer, trustee, witness
Posted in Eviction, securities fraud |

BANK OF AMERICA TAKES ANOTHER HIT: BANKS MISLEAD BORROWERS WHEN THEY INSTRUCT THEM TO STOP MAKING PAYMENTS AND REFUSE PAYMENTS If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services […]

Tags: borrower, breach of contract, breached, cause of action, citations omitted, collection, consumer, contract claim, contractual, default, estoppel, factual allegations, FEDERAL DISTRICT COURT, force and effect, foreclose, foreclosure, guaranteed, indebtedness, lender, manual, misrepresentation, mitigation, modification, Mortgage, notice, quotation, RANSON V BANK OF AMERICA, reinstatement, servicer, special relationship, thereunder, VETERANS, West Virginia
Posted in bubble, Corruption, Eviction, securities fraud |

CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]

Tags: 9TH CIRCUIT, Flagstar, Master Servicer, Medrano, qualified written request, QWR, Reg Z, RESPA, servicer, single transaction doctrine, subservicer, TILA, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Product by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual For Customer Service call 1-520-405-1688 —————————————————————————– No doubt some of you know that we have had some challenges regarding the Forensic TILA analysis. It’s my fault. I decided that the plain TILA analysis was insufficient for courtroom use based upon the […]

Tags: appraisal fraud, APR, asymmetry of results, banks, bond holder, credit bid, creditor, foreclosure, forensic audit, Forensic TILA Analysis, HAMP, homeowners, investors, lawyers, real money funding, Reg Z, reset payments, RESPA, securitization, servicer, TILA audit, two closings
Posted in bubble, Corruption, Eviction, securities fraud |